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Articles 1 - 30 of 37
Full-Text Articles in Law
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Law and Contemporary Problems
Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
Law and Contemporary Problems
Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Law and Contemporary Problems
Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Law and Contemporary Problems
Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.
Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak
Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak
Law and Contemporary Problems
Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.
Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman
Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman
Law and Contemporary Problems
Havighurst and Richman seek to show the nature--and to suggest the cumulative attitude--of the many regressive tendencies of the financing, regulatory and legal regime governing the private side of US health care.
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Law and Contemporary Problems
No abstract provided.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Law and Contemporary Problems
Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.
The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander
The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander
Law and Contemporary Problems
Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.
Measuring Distributive Injustice On A Different Scale, Tom Miller
Measuring Distributive Injustice On A Different Scale, Tom Miller
Law and Contemporary Problems
Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.
Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman
Foreword: Health Policy’S Fourth Dimension, Clark C. Havighurst, Barak Richman
Law and Contemporary Problems
No abstract provided.
The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly
The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly
Law and Contemporary Problems
Pauly considers some recent contrasting views on the distributional effects of the tax subsidy within employment groups. He shows that the correct answer depends on what one assumes to be the within-group incidence of the reduction in money wages that occurs when group insurance is part of a competitive compensation package.
The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman
The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman
Law and Contemporary Problems
No abstract provided.
Why We Need Global Standards For Corporate Disclosure, Allen L. White
Why We Need Global Standards For Corporate Disclosure, Allen L. White
Law and Contemporary Problems
After two years of gradual revelations concerning undisclosed information on suicidal risks to children on antidepressants, a federal advisory committee in Sep 2004 recommended that such drugs be labeled to alert physicians and consumers of this risk. The antidepressant story is noteworthy in its own right, shedding light on the tangled web of legal, regulatory, economic, and ethical issues surrounding disclosure practices in the pharmaceutical industry. The complex interworkings of an emerging global economy make it necessary for corporate standards for disclosure to be established and enforced.
Foreword: Sarbanes-Oxley For Science, David Michaels
Foreword: Sarbanes-Oxley For Science, David Michaels
Law and Contemporary Problems
No abstract provided.
Sometimes The Silence Can Be Like The Thunder: Access To Pharmaceutical Data At The Fda, Peter Lurie, Allison Zieve
Sometimes The Silence Can Be Like The Thunder: Access To Pharmaceutical Data At The Fda, Peter Lurie, Allison Zieve
Law and Contemporary Problems
Those committed to the free exchange of scientific information have long complained about various restrictions on access to the FDA's pharmaceutical data and the resultant restrictions on open discourse. A review of open-government procedures and litigation at the FDA demonstrates that the need for transparency at the agency extend well beyond the reach of any clinical trial registry.
Public Health Versus Court-Sponsored Secrecy, Daniel J. Givelber, Anthony Robbins
Public Health Versus Court-Sponsored Secrecy, Daniel J. Givelber, Anthony Robbins
Law and Contemporary Problems
Public health practice relies on access to information. Givelber and Robbins discuss the debate about "court-sponsored" secrecy: Whether or not courts should tolerate, edorse, or protect secrecy when the sequestered information might help protect the public health.
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Law and Contemporary Problems
Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack
Law and Contemporary Problems
Haack sketches an account of what science is and does that suggests how and why the ways in which scientific work is funded can distort or even block its progress. She puts her theory to work by analyzing the troubled history of the trials--clinical and legal--of Immune Response's AIDS drug, Remune.
Transparency And Innuendo: An Alternative To Reactive Over-Disclosure, Scott M. Lassman
Transparency And Innuendo: An Alternative To Reactive Over-Disclosure, Scott M. Lassman
Law and Contemporary Problems
Lassman examines the tension between transparency and other public health interests in the context of the FDA's proposed Drug Watch web site. He argues that although the FDA proposal seeks to achieve a laudable goal--the prompt communication of important useful safety information about drug products to physicians and patients-- it fails to properly balance transparency and other legitimate public health interests.
Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.
Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.
Law and Contemporary Problems
Conrad discusses the point of view of the chemical industry concerning when and how access to health effects information may be affected by financial interests. He argues that no qualitative distinction can be drawn between the financial and other incentives that might affect disclosure by for-profit entities and the incentives that might affect disclosure by other entities that may conduct, sponsor, or opine on scientific research.
Transparency In Public Science: Purposes, Reasons, Limits, Sheila Jasonoff
Transparency In Public Science: Purposes, Reasons, Limits, Sheila Jasonoff
Law and Contemporary Problems
No abstract provided.
Memoriam
Law and Contemporary Problems
Professor Shimm was a native of New York City, graduated with honors in 1947 from Columbia University after a hiatus of three years serving in the Army in World War II and emerging as a Lieutenant in the Field Artillery. He attended Yale Law School, again graduating with honors, in 1950. He practiced law privately in New York City from 1950 to 1951 and was an attorney for the Wage Stabilization Board in Washington, D.C., from 1951 to 1952. He first taught law as a Bigelow Fellow at the University of Chicago in 1952 and came to Duke Law School …
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Law and Contemporary Problems
In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Law and Contemporary Problems
Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Behavioral Genetics Research And Criminal Dna Databases, D. H. Kaye
Law and Contemporary Problems
Kaye discusses DNA databanks and the potential use of such databanks for behavioral genetics research. He addresses the concern that DNA databanks serve as a limitless repository for future research and that the samples used in the databanks could be used for research into a crime gene.
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Law and Contemporary Problems
Beecher-Monas and Garcia-Rill consider the unfortunate probability that behavioral genetics evidence will be misused to substantiate predictions of future dangerousness.
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
Law and Contemporary Problems
Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.